Title 40

NRS 455.050 Suits to be commenced in name of State of Nevada; disposition of judgments and fines. 1. Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, must be filed in the name of the State of Nevada. 2. All judgments collected must be paid into the count…

NRS 455.060 Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses. 1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof…

NRS 455.080 Definitions. As used in NRS 455.080 to 455.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1991, 1141; A 2005, 905; 2009, 11…

NRS 455.082 “Approximate location of a subsurface installation” defined. “Approximate location of a subsurface installation” means a strip of land not more than 24 inches on either side of the exterior surface of a subsurface installation. The term does not include the depth of t…

NRS 455.084 “Association for operators” defined. “Association for operators” means an organization that receives notifications pursuant to subsection 1 of NRS 455.110 and transmits such notifications to its members. (Added to NRS by 1991, 1142)

NRS 455.085 “Contractor” defined. “Contractor” has the meaning ascribed to it in NRS 624.020. (Added to NRS by 2023, 211)

NRS 455.086 “Damage” defined. “Damage” means: 1. The substantial weakening of the structural or lateral support of a subsurface installation; 2. The penetration or destruction of any protective coating, housing or other protective device of a subsurface installation; or 3. The pa…

NRS 455.088 “Demolition” defined. “Demolition” means the wrecking, razing, rendering, movement or removal of a structure or mass of material by means of tools, equipment or the placement and discharge of explosives. (Added to NRS by 1991, 1142)

NRS 455.090 “Emergency” defined. 1. “Emergency” means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services. 2. As used in this section, …

NRS 455.092 “Excavation” defined. 1. “Excavation” means the movement or removal of earth, rock or other material in or on the ground by: (a) Use of mechanical equipment; (b) Use of non-mechanical equipment by: (1) A contractor; or (2) Any person, other than a contractor, if at an…

NRS 455.093 “High consequence subsurface installation” defined. “High consequence subsurface installation” means the following types of subsurface installations: 1. A high-pressure natural gas pipeline with a normal operating pressure greater than 100 pounds per square inch gauge…

NRS 455.094 “Mechanical equipment” defined. “Mechanical equipment” means equipment operated by mechanical power, including a trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable or pipe plow or any other equipment used for plowing-in cable or pipe. (Added to N…

NRS 455.095 “Non-mechanical equipment” defined. “Non-mechanical equipment” means equipment operated solely by human power, including, without limitation, a hammer or other device used to drive stakes or rods into the ground, mattock, pickaxe, shovel or spade. (Added to NRS by 202…

NRS 455.096 “Operator” defined. “Operator” means any person who owns, operates or maintains a subsurface installation. The term does not include: 1. The Department of Transportation; or 2. An interstate railroad company that operates more than 1,000 miles of railroad track in thi…

NRS 455.098 “Person” defined. “Person” includes a government, governmental agency or political subdivision of a government. (Added to NRS by 1991, 1142)

NRS 455.099 “Sewer main” defined. “Sewer main” means a sewer line with a diameter that exceeds 6 inches. (Added to NRS by 2009, 1167)

NRS 455.0995 “Sewer service lateral” defined. “Sewer service lateral” means a pipe or conduit that connects a building or other property to a sewer main. (Added to NRS by 2009, 1167)

NRS 455.101 “Subsurface installation” defined. “Subsurface installation” means a pipeline, force main, supply line, conductor, conduit, cable, duct, wire, communications line, sewer line, storm drain, other drain line or other structure that is located underground. (Added to NRS …

NRS 455.103 “Unexpected occurrence” defined. “Unexpected occurrence” includes, but is not limited to, fire, flood, earthquake or other cause of the movement of the soil, or a riot, an accident, a motor vehicle crash or an act of sabotage that causes damage to a subsurface install…

NRS 455.105 “Working day” defined. “Working day” means every day from 7 a.m. to 5 p.m., except Saturday, Sunday and any federal or state holiday. (Added to NRS by 1991, 1142)

NRS 455.107 Exemption from compliance with statutory provisions. 1. Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive. 2. A p…

NRS 455.110 Notification of association for operators required; marking proposed area of excavation or demolition; exception. 1. Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted i…

NRS 455.115 Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators. 1. An association for operators who receives notification pursuant to NRS 455.110 by telephone and an operator who receives …

NRS 455.120 Operator required to join association for operators to receive notification; statement to be filed with county clerk identifying association; record of notification received by telephone. An operator shall: 1. Join an association for operators to receive the notificat…

NRS 455.125 Duties of operator of sewer main upon receipt of notification concerning sewer service lateral. If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110: 1. For a proposed excavation o…

NRS 455.127 Duty of operator of sewer main to maintain certain information relating to locations of connections. An operator of a sewer main shall maintain all information relating to the locations of connections of sewer service laterals to the sewer main: 1. Developed by the op…

NRS 455.129 Operator of sewer main does not assume further duties or responsibilities for compliance with provisions. An operator of a sewer main who is not otherwise required by law to be responsible for the maintenance, operation, ownership or repair of a sewer service lateral …

NRS 455.130 Duties of operator upon receipt of notification concerning certain subsurface installations. 1. Except in an emergency or as otherwise provided in subsection 2 or NRS 455.125, if an operator receives notice through an association for operators pursuant to paragraph (a…

NRS 455.131 Use of permanent device to identify location of certain subsurface installations required; options for operator of sewer main. 1. Except as otherwise provided in subsection 2, an operator shall, for each subsurface installation that is installed on or after October 1,…

NRS 455.133 Criteria and colors for marking location of subsurface installation: Regulations of Public Utilities Commission of Nevada. 1. An operator who marks the approximate location of a subsurface installation shall make a reasonable effort to make the markings in a manner th…

NRS 455.137 Determination of location of subsurface installation required before mechanical equipment may be used. 1. Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the e…

NRS 455.140 Duties of person responsible for contact with, exposure of or damage to subsurface installation. 1. Each person responsible for any excavation or demolition that results in contact with, exposure of or damage to a subsurface installation shall: (a) Notify the operator…

NRS 455.150 Release from liability for cost of repairs to subsurface installation. Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, is not liable for the cost of repairing any damage to a subsurface installation which results from th…

NRS 455.160 Injunctive relief. 1. The Regulatory Operations Staff of the Public Utilities Commission of Nevada, the Attorney General, an operator, a person conducting an excavation or demolition, or the district attorney of a county or the city attorney of a city in which there i…

NRS 455.170 Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review. 1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the A…

NRS 455.180 Civil remedies preserved; additional civil remedy not created. The provisions of NRS 455.080 to 455.170, inclusive, do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or …

NRS 455.200 Definitions. As used in NRS 455.200 to 455.250, inclusive, unless the context otherwise requires: 1. “High voltage” means voltage in excess of 600 volts measured between conductors or between a conductor and a ground. 2. “Overhead line” means a bare or insulated elect…

NRS 455.210 Applicability of provisions. The provisions of NRS 455.220 and 455.230 are not applicable to: 1. An employee of a public utility which produces, transmits or delivers electricity, or a public utility which provides communication services, while the employee, in the co…

NRS 455.220 Conducting of activities near line: Prohibition; exception. Except as otherwise provided in NRS 455.230: 1. A person shall not perform any act if it is reasonably foreseeable that during the performance of the act the person, or any part of any tool or material used b…

NRS 455.230 Conducting of activities near line: Authorization; powers and duties of public utility; payment of expenses for preventative measures. 1. A person may perform an act or operate equipment in closer proximity to an overhead line carrying high voltage than authorized by …

NRS 455.240 Liability for violation causing contact with line. If an act constituting a violation of any provision of this chapter causes contact with an overhead line carrying high voltage, each person who committed the violation or caused another person to commit the violation …

NRS 455.250 Civil penalty: Action for enforcement; amount; disposition of proceeds; judicial review. 1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district at…